August 04, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam:

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act"), Juan Jose Farias (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") 

seeks an exemption from the Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UAS, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering.

Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority.

Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) 

will provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft.

Applicant:

Juan Jose Farias

609 SW Carter Ave.

Port Saint Lucie, Fl 34983

772-607-4136

jfarias@jmcproductions.tv

Attachments

DJI Phantom 3 Professional User Manual 

http://www.dji.com/product/phantom-3/video
Regulations from which the exemption is requested: 

14 CFRPart 21 subpart H

14 CFR45.23 (b)

14 CFR91.7 (a)

14 CFR91.9 (b) (2) 14 CFR91.103

14 CFR91.109

14 CFR91.119 (c)

14 CFR91.121

14 CFR91.203 (a) and (b) 14 CFR91.405 (al

14 CFR91.407 (a] (1)

14 CFR91.409 (a) (2)

14 CFR91.417 (a) and (b)

Extent of Relief I and Why

14 CFRPart 21 subpart H

The UAS to be operated carries neither pilot nor passenger and carries no explosive materials 

or flammable liquids. Given the size, weight, speed and limited operating area associated with 

the aircraft to be utilized, I request exception. In the restricted environment and under the 

conditions proposed operation will be at least as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate without said restrictions.

14 CFR45.23 (b)

Due to the size of this UAS it does not have a cockpit, cabin, or pilot station on which to market 

certain words or phrases. Lettering would be very difficult to place on such a small aircraft and 

dimensions would need to be smaller than required minimums.

14 CFR91.7 (a)

As there will be no airworthiness certificate for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety check list prior to each flight an equivalent level of safety will be 

provided.

14 CFR91.9 (b) (2)

Given the size and configuration, the UAS has no ability to carry a flight manual on the aircraft. 

There is no room capacity, or pilot on board to adequately carry flight manual. An equivalent 

level of safety will be maintained by keeping the flight manual at ground control point where the 

pilot will have immediate access to it.

14 CFR91.103

As FAA approved flight manuals will not be provided for the aircraft an exemption will be 

needed. Normal procedures including but not limited to; reviewing weather, flight battery 

requirement, landing and takeoff distances, along will all of those found in attachment " Pilot 

Training". An equivalent level of safety will be provided by preflight protocol to properly match 

the machine.
14 CFR91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is 

achieved through the use of a control box that communicates with the aircraft via radio 

communications. The equivalent level of safety provided because neither a pilot nor passenger 

will be carried in the aircraft, and by the speed and size of the aircraft.

14 CFR91.113 (a) and (b)

I can achieve an equivalent level of safety as achieved by current regulations because my UAS 

does not carry a pilot or passengers. While helpful, a pilots' license will not ensure remote 

control piloting skills.

14 CFR91.121

The UAS may not have a barometric altimeter, but instead does have a GPS altitude read out. I 

believe an exemption may be needed. An equivalent level of safety is achieve by the operator 

receiving live flight data monitoring and confirming current altitude along with altitude of launch 

site shown on GPS altitude indicator.

14 CFR91.203 (a) and (b)

Similar to, 14 CFR91.9 (b) (2), given the size and configuration, the UAS has no ability to carry 

certificate and registration documents on the aircraft. An equivalent level of safety will be 

achieved by keeping these documents, to the extent they are applicable to the UAS, at the 

ground control point where pilot has immediate access to them.

14 CFR91.405 (a), 14 CFR91.407 (a) (1), 14 CFR91.409 (a) (2), 14 CFR91.417 (a) and (b)

Given these sections only apply to aircraft with an airworthiness certificates, theses sections do 

not apply to this applicant. As a safety precaution, operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight.

Juan Jose Farias seeking relief from all FARs above preventing applicant from 

conducting aerial photography and video of real estate, properties and vacant land with the DJI 

Phantom Professional 3, taken at levels less than 400ft, at a speed less than 30 mph, and with 

a maximum flight time of less then 30 minutes,. The drone to be used is less then 15 pounds. 

The weight of the UAS meets the definition of "small unmanned aircraft" found in section 331.

"The Reform Act". In order to obtain high quality photography and video the UAS will be 

used at speeds much less than it's top speed of 33.5 mph. Due to the UAS being battery 

powered there are no combustible fuels onboard. Maximum flight time for this particular UAS is 

less then 30 minutes. Flights to be terminated with no less then 25% battery life remaining. 

Given the size, weight, speed, and limited operating area associated with the aircraft to be 

utilized I find this exception to be reasonable with an equivalent or greater level of safety to be 

reached by the operator.
Safety:

An equivalent level of safety will be achieved because maintenance and inspections will be 

performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, 

the operator will ensure that the UAS is in working order prior to initiating flight and perform 

required maintenance needed.

Please see attachment “DJI Phantom 3 Professional User Manual" for safety precautions to be 

use for every flight.

Additionally:

1) I will not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the 

airport manager has been made.

2) I will land my UAS prior to manufacturer recommended minimum level of battery power. 4) I 

will pilot my UAS through remote control by line of sight.

3) My UAS uses GPS and a flight safety feature whereby it returns to a preprogrammed position 

and then slowly lands if communication with the remote control pilot is lost.

4) I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols.

5) I conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance.

6) I always obtain a ll necessary permissions prior to operation.

7) I have procedures in place to abort flights in the event of safety breaches or potential danger.

Additional Information:

The applicant, Juan Jose Farias has an understanding of the capabilities and safety concerns 

involved in using this technology as an asset to the community. Satisfaction of criteria provided 

in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant 

of the requested exemptions allowing the commercial operation of the applicant’s UAS.

In addition it benefits the general public because it is much more efficient than traditional ways 

of using a plane or helicopter to achieve Aerial Photography and Aerial Videography. We can 

now provide this level of service while being conservative with fuel, time, emissions, noise, and 

other resources. Considering size, weight, speed, and absence of combustible fuels, my UAS 

will poses much less of a safety concern for the general public when compared to manned 

aircraft.

Thank you for your consideration,

Juan Jose Farias